PrenupsAI

GA · evidence preparation

Georgia prenup checklist.

Use these prompts to collect the agreement, schedules, timeline, and outside records needed for an evidence-based first review.

Package ga-2026-07-22.3 · checked 2026-07-22 · editorially verified.
15issues checked
13with state records
2visible gaps
2026-07-22effective-through label

State-specific manual editorial

Georgia's package centers on Scherer v. Scherer, which frames review around defective execution, unconscionability, and changed circumstances that can make enforcement unfair or unreasonable.

Title 19 supplies the mandatory domestic-relations context, so child-related terms and statutory remedies should be separated from the contract analysis.

175 authored words · 15 source-linked review modules below

Questions people actually ask

Georgia review, without pretending the facts are settled.

Each answer is tied to source IDs in the current state package. Open the citations and check for later authority before relying on a proposition.

What are the three Scherer inquiries?

The package identifies defective execution, unconscionability, and changed circumstances making enforcement unfair or unreasonable.

  • Scherer v. Scherer, 249 Ga. 635, 292 S.E.2d 662 (1982) · Scherer asks whether the agreement resulted from fraud, duress, mistake, misrepresentation, or nondisclosure of material facts; whether it is unconscionable; and whether later facts and circumstances make enforcement unfair and unreasonable.

What can count as defective execution?

Scherer's first inquiry includes fraud, duress, mistake, misrepresentation, and nondisclosure of material facts.

  • Scherer v. Scherer, 249 Ga. 635, 292 S.E.2d 662 (1982) · Scherer asks whether the agreement resulted from fraud, duress, mistake, misrepresentation, or nondisclosure of material facts; whether it is unconscionable; and whether later facts and circumstances make enforcement unfair and unreasonable.

Why does Title 19 still matter?

Georgia's domestic-relations statutes contain mandatory family-law rules that may limit or supersede contract terms.

Worked issue-spotting examples

How document facts become research questions.

These examples do not predict an outcome. They show the boundary between a fact pattern, a source-backed issue, and the legal judgment still required.

The circumstances changed substantially

A long marriage produces financial and caregiving circumstances not contemplated at signing. Scherer's changed-circumstances inquiry makes the enforcement-time record legally relevant.

Question to carry forward: Do the later facts satisfy Georgia's current unfairness or unreasonableness standard?

  • Scherer v. Scherer, 249 Ga. 635, 292 S.E.2d 662 (1982) · Scherer asks whether the agreement resulted from fraud, duress, mistake, misrepresentation, or nondisclosure of material facts; whether it is unconscionable; and whether later facts and circumstances make enforcement unfair and unreasonable.

The omitted business liability

An asset schedule lists a business but omits a material liability. Scherer includes nondisclosure and misrepresentation within the defective-execution inquiry.

Question to carry forward: Was the omission material, and what did the other party actually know?

  • Scherer v. Scherer, 249 Ga. 635, 292 S.E.2d 662 (1982) · Scherer asks whether the agreement resulted from fraud, duress, mistake, misrepresentation, or nondisclosure of material facts; whether it is unconscionable; and whether later facts and circumstances make enforcement unfair and unreasonable.
01

Signing formalities

Confirm the complete agreement and every incorporated schedule use the required form and signatures.

  • O.C.G.A. § 19-3-62 · For agreements governed by the current statute, an antenuptial agreement must be in writing, signed by both parties, and attested by at least two witnesses, one of whom must be a notary public.
02

Acknowledgment

Check whether the agreement or a related instrument uses an acknowledgment, notarization, witness, or recording formality.

  • O.C.G.A. § 19-3-62 · One of the at least two attesting witnesses required for a current Georgia antenuptial agreement must be a notary public.
03

Effective date

Identify the event and date on which the agreement says it becomes effective.

04

Permitted subjects

Map each material clause to a subject the cited authorities address and flag terms requiring separate authority.

  • O.C.G.A. § 19-3-60 · Georgia defines an antenuptial agreement as a contract entered before marriage that determines the parties' property rights or future settlement issues, including year's support, spousal support, and equitable division; marriage is valuable consideration subject to existing just debts.
05

Property

Reconcile property labels with title, income, appreciation, debt, and disposition terms.

  • O.C.G.A. § 19-3-66 · Georgia provides for equitable enforcement of an antenuptial agreement at the instance of the marriage parties and, after death, specified offspring or heirs under the referenced probate and equity provisions.
  • Arlotta v. Arlotta, A24A0961 (Ga. Ct. App. Oct. 30, 2024) · Arlotta described the Scherer criteria as the governing enforceability framework and reversed a ruling that invalidated property and alimony limits merely because they differed from statutory default remedies.
06

Spousal support

Identify every support waiver, cap, formula, review event, and enforcement-time safeguard.

07

Children and support

Flag any term that attempts to predetermine child support, custody, or another child-related decision.

  • Swanson v. Swanson, 276 Ga. 566, 580 S.E.2d 526 (2003) · A child's right to support cannot be waived by the parents, so a private agreement cannot conclusively eliminate that right.
  • O.C.G.A. § 19-9-3 · Custody and parenting determinations remain subject to the court's statutory best-interests analysis rather than becoming automatically binding through a premarital term.
08

Amendment and revocation

Confirm every claimed amendment or revocation is complete and follows the applicable form.

  • O.C.G.A. §§ 19-3-60, 19-3-64 · Georgia's antenuptial article does not supply a UPAA-style amendment-and-revocation section; a claimed later change must be classified as an amendment, postnuptial settlement, conveyance, or separate contract under then-applicable law.
09

Voluntariness

Build a factual timeline of drafts, negotiations, pressure, capacity, language access, and signing.

  • O.C.G.A. § 19-3-64 · A person may voluntarily execute an antenuptial agreement; after marriage a spouse may convey property to the other spouse, subject to the rights of prior purchasers and creditors.
  • Scherer v. Scherer, 249 Ga. 635, 292 S.E.2d 662 (1982) · Scherer asks whether the agreement resulted from fraud, duress, mistake, misrepresentation, or nondisclosure of material facts; whether it is unconscionable; and whether later facts and circumstances make enforcement unfair and unreasonable.
  • Mallen v. Mallen, 280 Ga. 43, 622 S.E.2d 812 (2005) · Mallen held that conditioning marriage on execution did not alone establish duress on its record and noted that engaged parties are not automatically treated as being in a confidential relationship.
10

Financial disclosure

Compare the agreement and schedules against assets, debts, income, business interests, trusts, and any waiver.

  • Mallen v. Mallen, 280 Ga. 43, 622 S.E.2d 812 (2005) · Mallen held that general knowledge of the character and extent of assets and income could suffice on its record even without precise income figures and considered the duty to inquire absent fraud or misrepresentation.
11

Independent counsel

Record who advised each party, when advice occurred, and which draft was reviewed.

12

Timing

Measure the time between first draft, material revisions, legal review, wedding, and signing.

13

Public assistance

Identify support terms that could interact with public-benefit eligibility at enforcement.

No separate source record is catalogued for this topic. That is a research-coverage statement, not a claim that no applicable law exists.

14

Void marriage

Identify whether the agreement addresses a marriage later determined to be void.

No separate source record is catalogued for this topic. That is a research-coverage statement, not a claim that no applicable law exists.

15

Other limitations

Identify severability, limitations, public-policy, choice-of-law, and other enforcement boundaries.

  • O.C.G.A. § 19-3-62 · Georgia directs liberal construction of antenuptial agreements and provides that lack of form or technical expression does not invalidate an otherwise qualifying agreement.
  • O.C.G.A. tit. 19, including §§ 19-3-60–66 and 19-9-3 · Title 19 supplies the current statutory context for antenuptial agreements, support, equitable division, custody, and related mandatory domestic-relations rules.

Matrix and list placement describes the records in PrenupsAI's current evidence packages. It does not rank legal strictness, predict enforceability, or mean that an unlisted state has no applicable rule. Open the cited sources to inspect the underlying authority.

Method, not a verdict

How to turn fifteen prompts into a defensible review file.

331 words of shared evidence methodology accompany the state-specific editorial and authority records above.

Use the checklist as an evidence map

Work from the complete agreement outward. Preserve the best available signed copy, every incorporated schedule, and any amendment or revocation before answering individual questions. For each checklist row, distinguish three things: what the document says, what an outside record can prove, and what the cited authority addresses. Those categories overlap, but they are not interchangeable. A recital may identify the parties’ stated understanding without proving delivery; a bank statement may prove an account existed without deciding its legal classification; a statute may identify a standard without resolving disputed facts.

Mark an item complete only when the underlying record is identified, not merely because the agreement contains reassuring language. If a source is absent, record the gap and route it for research. Do not convert ‘not separately catalogued’ into ‘no law exists.’ That discipline is what makes the checklist useful across both dense statutory packages and states whose rules depend more heavily on cases or adjacent bodies of law.

Keep a source-and-version trail

Record the package version and effective-through date shown above, the date each authority was opened, and whether a later-authority search was performed. Save exact clause quotes with page or section references. When facts change—through relocation, marriage, amendment, property transfer, separation, death, or litigation—create a new review snapshot rather than overwriting the old one. The resulting trail lets another reviewer understand which document, facts, and legal source set supported each observation.

A checklist can identify missing evidence and research questions; it cannot certify validity, predict enforcement, select governing law, or replace a time-sensitive professional judgment. Use narrow language such as ‘the reviewed file does not contain the referenced schedule’ instead of ‘no disclosure occurred.’ That difference is not defensive filler. It is the basic quality control that keeps evidence reporting accurate.

End each review with a dated list of unresolved facts, assigned follow-up work, and the authority that made each question material. A visible open item is safer than an unsupported green check.